Court No. - 18
Case :- WRIT - C No. - 23277 of 2021 Petitioner :- Durga Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- C.S.C.,Sher Bahadur Singh
Hon'ble Ajay Bhanot,J.
Learned Standing Counsel as well as Shri Sher Bahadur Singh, learned counsel for the Gaon Sabha raise a preliminary objection. They point out that the petitioner has an efficacious and alternative remedy of taking out the impugned order dated 03.08.2021 in appeal before the court below.
Shri Sudarshan Singh, learned counsel for the petitioner does not dispute that the order impugned is appellable under the U.P. Revenue Code, 2006. At this stage, learned counsel for the petitioner does not press the relief sought in the writ petition. He recasts his submission and relief sought.
It is contended by Shri Sudarshan Singh, learned counsel for the petitioner that the petitioner is desirous of filing an appeal under the U.P. Revenue Code, 2006, against the aforesaid order. However, due to the Covid-19 pandemic the appeal could be filed in time. Now the time period for filing the appeal has expired and appeal is barred by limitation.
The only prayer made by the learned counsel for the petitioner is that the appeal of the petitioner may be decided on merits without going into the question of delay.
I see merit in the submission of the learned counsel for the petitioner that the Covid-19 pandemic has dislocated lives. Substantive rights of the petitioner are engaged in the proceedings. He is entitled to an opportunity of hearing by the learned appellate court.
In the peculiar facts and circumstances of the case, interest of justice will be served by issuing the following directions:
I. The petitioner shall file an appeal against the order dated 03.08.2021 before the learned appellate court within a period of 15 days from today along with an application for interim relief.
II. In case such appeal is filed along with the application for interim relief within the above stipulated period of 15 days, the learned appellate court shall decide the same on merits without going into the question of delay.
III. The appellate authority shall make all endeavours to decide the appeal preferably within a period of four months from the date of receipt of the memo of appeal.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 20.9.2021 Dhananjai